Maryland Health - General Section 10-701

      (a)      (1)      In this subtitle the following words have the meanings indicated.

            (2)      "Facility" does not include an acute general care hospital that does not have a separately identified inpatient psychiatric service.

            (3)      (i)      "Mental abuse" means any persistent course of conduct resulting in or maliciously intended to produce emotional harm.

                  (ii)      "Mental abuse" does not include the performance of an accepted clinical procedure.

      (b)      It is the policy of this State that each mentally ill individual who receives any service in a facility has, in addition to any other rights, the rights provided in this subtitle.

      (c)      Each individual in a facility shall:

            (1)      Receive appropriate humane treatment and services in a manner that restricts the individual's personal liberty within a facility only to the extent necessary and consistent with the individual's treatment needs and applicable legal requirements;

            (2)      Receive treatment in accordance with the applicable individualized plan of rehabilitation or the individualized treatment plan provided for in § 10-706 of this subtitle;

            (3)      Be free from restraints or locked door seclusions except for restraints or locked door seclusions that are:

                  (i)      1.      Used only during an emergency where the individual presents a danger to the life or safety of the individual or of others; or

                        2.      Used only to prevent serious disruption to the therapeutic environment; and

                  (ii)      1.      Ordered by a physician in writing; or

                        2.      Directed by a registered nurse if a physician's order is obtained within 2 hours of the action;

            (4)      Be free from mental abuse; and

            (5)      Be protected from harm or abuse as provided in this subtitle.

      (d)      Subject to the provisions of §§ 4-301 through 4-309 of this article, the records of each individual in a facility are confidential.

      (e)      (1)      Notwithstanding any other provision of law, when the State designated protection and advocacy agency for persons with developmental disabilities has received and documented a request for an investigation of a possible violation of the rights of an individual in a facility that is owned and operated by the Department or under contract to the Department to provide mental health services in the community under this subtitle, the executive director of the protection and advocacy agency or the executive director's designee:

                  (i)      Before pursuing any investigation:

                        1.      Shall interview the individual whose rights have been allegedly violated; and

                        2.      Shall attempt to obtain written consent from the individual; and

                  (ii)      If the individual is unable to give written consent but does not object to the investigation:

                        1.      Shall document this fact; and

                        2.      Shall request, in writing, access to the individual's records from the Director of the Mental Hygiene Administration.

            (2)      On receipt of the request for access to the individual's records, the Director of the Mental Hygiene Administration shall authorize access to the individual's records.

            (3)      After satisfying the provisions of paragraphs (1) and (2) of this subsection, the executive director of the protection and advocacy agency, or the executive director's designee, may pursue an investigation and as part of that investigation, shall continue to have access to the records of the individual whose rights have been allegedly violated.

      (f)      (1)      On admission to a facility, an individual shall be informed of the rights provided in this subtitle in language and terms that are appropriate to the individual's condition and ability to understand.

            (2)      A facility shall post notices in locations accessible to the individual and to visitors describing the rights provided in this subtitle in language and terms that may be readily understood.

      (g)      A facility shall implement an impartial, timely complaint procedure that affords an individual the ability to exercise the rights provided in this subtitle.